Truly Agreed, 2015

260.200. 1. The following words and phrases when used
in sections 260.200 to 260.345 shall mean: (1)
"Alkaline-manganese battery" or "alkaline battery", a battery
having a manganese dioxide positive electrode, a zinc negative
electrode, an alkaline electrolyte, including alkaline-manganese
button cell batteries intended for use in watches, calculators,
and other electronic products, and larger-sized alkaline-manganese
batteries in general household use; (2)
"Applicant", a person or persons seeking or holding a facility
permit; (3) "Bioreactor", a
municipal solid waste disposal area or portion of a municipal
solid waste disposal area where the controlled addition of liquid
waste or water accelerates both the decomposition of waste and
landfill gas generation; (4)
"Button cell battery" or "button cell", any small alkaline-manganese
or mercuric-oxide battery having the size and shape of a button; (5)
"City", any incorporated city, town, or village; (6)
"Clean fill", uncontaminated soil, rock, sand, gravel, concrete,
asphaltic concrete, cinderblocks, brick, minimal amounts of wood
and metal, and inert solids as approved by rule or policy of
the department for fill, reclamation or other beneficial use; (7)
"Closure", the permanent cessation of active disposal operations,
abandonment of the disposal area, revocation of the permit or
filling with waste of all areas and volumes specified in the
permit and preparing the area for long-term care; (8)
"Closure plan", plans, designs and relevant data which specify
the methods and schedule by which the operator will complete
or cease disposal operations, prepare the area for long-term
care, and make the area suitable for other uses, to achieve the
purposes of sections 260.200 to 260.345 and the regulations promulgated
thereunder; (9) "Conference,
conciliation and persuasion", a process of verbal or written
communications consisting of meetings, reports, correspondence
or telephone conferences between authorized representatives of
the department and the alleged violator. The process shall, at
a minimum, consist of one offer to meet with the alleged violator
tendered by the department. During any such meeting, the department
and the alleged violator shall negotiate in good faith to eliminate
the alleged violation and shall attempt to agree upon a plan
to achieve compliance; (10)
"Construction and demolition waste", waste materials from the
construction and demolition of residential, industrial, or commercial
structures, but shall not include materials defined as clean
fill under this section; (11)
"Demolition landfill", a solid waste disposal area used for the
controlled disposal of demolition wastes, construction materials,
brush, wood wastes, soil, rock, concrete and inert solids insoluble
in water; (12) "Department",
the department of natural resources; (13)
"Director", the director of the department of natural resources; (14)
"Disclosure statement", a sworn statement or affirmation, in
such form as may be required by the director of the department
of natural resources, which includes: (a)
The full names and business address of key personnel; (b)
The full name and business address of any entity, other than
a natural person, that collects, transfers, processes, treats,
stores, or disposes of solid waste in which all key personnel
holds an equity interest of seven percent or more; (c)
A description of the business experience of all key personnel
listed in the disclosure statement; (d)
For the five-year period ending on the date the sworn disclosure
statement or affirmation is signed by key personnel: a.
A listing organized by issuing federal, state, or county or county-equivalent
regulatory body of all environmental permits or licenses for
the collection, transfer, treatment, processing, storage, or
disposal of solid waste issued to or held by any key personnel; b.
A listing and explanation of notices of violation which shall
by rule be defined, prosecutions, or other administrative enforcement
actions resulting in an adjudication or conviction; c.
A listing of license or permit suspensions, revocations, or denials
issued by any state, the federal government or a county or county
equivalent, which are pending or have concluded with a finding
of violation or entry of a consent agreement regarding an allegation
of civil or criminal violation of law, regulation or requirement
relating to the collection, transfer, treatment, processing,
storage, or disposal of solid waste or violation of the environmental
statutes of other states or federal statutes; d.
An itemized list of all felony convictions under the laws of
the state of Missouri or the equivalent thereof under the laws
of any other jurisdiction; and a listing of any findings of guilt
for any crimes or criminal acts an element of which involves
restraint of trade, price-fixing, intimidation of the customers
of another person or for engaging in any other acts which may
have the effect of restraining or limiting competition concerning
activities regulated pursuant to this chapter or similar laws
of other states or the federal government including, but not
limited to, racketeering or violation of antitrust laws of any
key personnel; (15) "District",
a solid waste management district established under section 260.305; (16)
"Financial assurance instrument", an instrument or instruments,
including, but not limited to, cash or surety bond, letters of
credit, corporate guarantee or secured trust fund, submitted
by the applicant to ensure proper closure and postclosure care
and corrective action of a solid waste disposal area in the event
that the operator fails to correctly perform closure and postclosure
care and corrective action requirements, except that the financial
test for the corporate guarantee shall not exceed one and one-half
times the estimated cost of closure and postclosure. The form
and content of the financial assurance instrument shall meet
or exceed the requirements of the department. The instrument
shall be reviewed and approved or disapproved by the attorney
general; (17) "Flood area",
any area inundated by the one hundred year flood event, or the
flood event with a one percent chance of occurring in any given
year; (18) "Household consumer",
an individual who generates used motor oil through the maintenance
of the individual's personal motor vehicle, vessel, airplane,
or other machinery powered by an internal combustion engine; (19)
"Household consumer used motor oil collection center", any site
or facility that accepts or aggregates and stores used motor
oil collected only from household consumers or farmers who generate
an average of twenty-five gallons per month or less of used motor
oil in a calendar year. This section shall not preclude a commercial
generator from operating a household consumer used motor oil
collection center; (20) "Household
consumer used motor oil collection system", any used motor oil
collection center at publicly owned facilities or private locations,
any curbside collection of household consumer used motor oil,
or any other household consumer used motor oil collection program
determined by the department to further the purposes of sections
260.200 to 260.345; (21) "Infectious
waste", waste in quantities and characteristics as determined
by the department by rule, including isolation wastes, cultures
and stocks of etiologic agents, blood and blood products, pathological
wastes, other wastes from surgery and autopsy, contaminated laboratory
wastes, sharps, dialysis unit wastes, discarded biologicals known
or suspected to be infectious; provided, however, that infectious
waste does not mean waste treated to department specifications; (22)
"Key personnel", the applicant itself and any person employed
by the applicant in a managerial capacity, or empowered to make
discretionary decisions with respect to the solid waste operations
of the applicant in Missouri, but shall not include employees
exclusively engaged in the physical or mechanical collection,
transfer, transportation, treatment, processing, storage, or
disposal of solid waste and such other employees as the director
of the department of natural resources may designate by regulation.
If the applicant has not previously conducted solid waste operations
in Missouri, the term also includes any officer, director, partner
of the applicant, or any holder of seven percent or more of the
equity or debt of the applicant. If any holder of seven percent
or more of the equity or debt of the applicant or of any key
personnel is not a natural person, the term includes all key
personnel of that entity, provided that where such entity is
a chartered lending institution or a reporting company under
the federal Securities Exchange Act of 1934, the term does not
include key personnel of such entity. Provided further that the
term means the chief executive officer of any agency of the United
States or of any agency or political subdivision of the state
of Missouri, and all key personnel of any person, other than
a natural person, that operates a landfill or other facility
for the collection, transfer, treatment, processing, storage,
or disposal of nonhazardous solid waste under contract with or
for one of those governmental entities; (23)
"Lead-acid battery", a battery designed to contain lead and sulfuric
acid with a nominal voltage of at least six volts and of the
type intended for use in motor vehicles and watercraft; (24)
"Major appliance", clothes washers and dryers, water heaters,
trash compactors, dishwashers, conventional ovens, ranges, stoves,
woodstoves, air conditioners, refrigerators and freezers; (25)
"Mercuric-oxide battery" or "mercury battery", a battery having
a mercuric-oxide positive electrode, a zinc negative electrode,
and an alkaline electrolyte, including mercuric-oxide button
cell batteries generally intended for use in hearing aids and
larger size mercuric-oxide batteries used primarily in medical
equipment; (26) "Minor violation",
a violation which possesses a small potential to harm the environment
or human health or cause pollution, was not knowingly committed,
and is not defined by the United States Environmental Protection
Agency as other than minor; (27)
"Motor oil", any oil intended for use in a motor vehicle, as
defined in section 301.010, train, vessel, airplane, heavy equipment,
or other machinery powered by an internal combustion engine; (28)
"Motor vehicle", as defined in section 301.010; (29)
"Operator" and "permittee", anyone so designated, and shall include
cities, counties, other political subdivisions, authority, state
agency or institution, or federal agency or institution; (30)
"Permit modification", any permit issued by the department which
alters or modifies the provisions of an existing permit previously
issued by the department; (31)
"Person", any individual, partnership, limited liability company,
corporation, association, trust, institution, city, county, other
political subdivision, authority, state agency or institution,
or federal agency or institution, or any other legal entity; (32)
"Plasma arc technology", a process that converts electrical energy
into thermal energy. This electric arc is created when an ionized
gas transfers electric power between two or more electrodes; (33)
"Postclosure plan", plans, designs and relevant data which specify
the methods and schedule by which the operator shall perform
necessary monitoring and care for the area after closure to achieve
the purposes of sections 260.200 to 260.345 and the regulations
promulgated thereunder; (34)
"Recovered materials", those materials which have been diverted
or removed from the solid waste stream for sale, use, reuse or
recycling, whether or not they require subsequent separation
and processing; (35) "Recycled
content", the proportion of fiber in a newspaper which is derived
from postconsumer waste; (36)
"Recycling", the separation and reuse of materials which might
otherwise be disposed of as solid waste; (37)
"Resource recovery", a process by which recyclable and recoverable
material is removed from the waste stream to the greatest extent
possible, as determined by the department and pursuant to department
standards, for reuse or remanufacture; (38)
"Resource recovery facility", a facility in which recyclable
and recoverable material is removed from the waste stream to
the greatest extent possible, as determined by the department
and pursuant to department standards, for reuse or remanufacture; (39)
"Sanitary landfill", a solid waste disposal area which accepts
commercial and residential solid waste; (40)
"Scrap tire", a tire that is no longer suitable for its original
intended purpose because of wear, damage, or defect; (41)
"Scrap tire collection center", a site where scrap tires are
collected prior to being offered for recycling or processing
and where fewer than five hundred tires are kept on site on any
given day; (42) "Scrap tire
end-user facility", a site where scrap tires are used as a fuel
or fuel supplement or converted into a usable product. Baled
or compressed tires used in structures, or used at recreational
facilities, or used for flood or erosion control shall be considered
an end use; (43) "Scrap tire
generator", a person who sells tires at retail or any other person,
firm, corporation, or government entity that generates scrap
tires; (44) "Scrap tire processing
facility", a site where tires are reduced in volume by shredding,
cutting, or chipping or otherwise altered to facilitate recycling,
resource recovery, or disposal; (45)
"Scrap tire site", a site at which five hundred or more scrap
tires are accumulated, but not including a site owned or operated
by a scrap tire end-user that burns scrap tires for the generation
of energy or converts scrap tires to a useful product; (46)
"Solid waste", garbage, refuse and other discarded materials
including, but not limited to, solid and semisolid waste materials
resulting from industrial, commercial, agricultural, governmental
and domestic activities, but does not include hazardous waste
as defined in sections 260.360 to 260.432, recovered materials,
overburden, rock, tailings, matte, slag or other waste material
resulting from mining, milling or smelting; (47)
"Solid waste disposal area", any area used for the disposal of
solid waste from more than one residential premises, or one or
more commercial, industrial, manufacturing, recreational, or
governmental operations; (48)
"Solid waste fee", a fee imposed pursuant to sections 260.200
to 260.345 and may be: (a)
A solid waste collection fee imposed at the point of waste collection;
or (b) A solid waste disposal
fee imposed at the disposal site; (49)
"Solid waste management area", a solid waste disposal area which
also includes one or more of the functions contained in the definitions
of recycling, resource recovery facility, waste tire collection
center, waste tire processing facility, waste tire site or solid
waste processing facility, excluding incineration; (50)
"Solid waste management project", a targeted project that
meets statewide waste reduction and recycling priorities, and
for which no solid waste management district grant applicant
has applied to perform, and for which no qualified applicants
have applied to perform such project by a competitive bid issued
by the solid waste management district for the completion of
such project; (51) "Solid
waste management system", the entire process of managing solid
waste in a manner which minimizes the generation and subsequent
disposal of solid waste, including waste reduction, source separation,
collection, storage, transportation, recycling, resource recovery,
volume minimization, processing, market development, and disposal
of solid wastes;[(51)](52) "Solid waste processing facility", any facility where
solid wastes are salvaged and processed, including: (a)
A transfer station; or (b)
An incinerator which operates with or without energy recovery
but excluding waste tire end-user facilities; or (c)
A material recovery facility which operates with or without composting; (d)
A plasma arc technology facility;[(52)](53) "Solid waste technician", an individual who has successfully
completed training in the practical aspects of the design, operation
and maintenance of a permitted solid waste processing facility
or solid waste disposal area in accordance with sections 260.200
to 260.345;[(53)](54) "Tire", a continuous solid or pneumatic rubber covering
encircling the wheel of any self-propelled vehicle not operated
exclusively upon tracks, or a trailer as defined in chapter 301,
except farm tractors and farm implements owned and operated by
a family farm or family farm corporation as defined in section
350.010;[(54)](55) "Used motor oil", any motor oil which, as a result
of use, becomes unsuitable for its original purpose due to loss
of original properties or the presence of impurities, but used
motor oil shall not include ethylene glycol, oils used for solvent
purposes, oil filters that have been drained of free flowing
used oil, oily waste, oil recovered from oil tank cleaning operations,
oil spilled to land or water, or industrial nonlube oils such
as hydraulic oils, transmission oils, quenching oils, and transformer
oils;[(55)](56) "Utility waste landfill", a solid waste disposal
area used for fly ash waste, bottom ash waste, slag waste and
flue gas emission control waste generated primarily from the
combustion of coal or other fossil fuels;[(56)]
(57) "Yard waste", leaves, grass clippings, yard and garden
vegetation and Christmas trees. The term does not include stumps,
roots or shrubs with intact root balls. 2.
For the purposes of this section and sections 260.270 to 260.279
and any rules in place as of August 28, 2005, or promulgated
under said sections, the term "scrap" shall be used synonymously
with and in place of waste, as it applies only to scrap tires.